Section 39-5-30 - Determination and modification by secretary of false or misleading marking,labeling, or container--Hearing on determination. - South-dakota Statutes

State Codes and Statutes

Statutes > South-dakota > Title-39 > Chapter-05 > Statute-39-5-30

39-5-30. Determination and modification by secretary of false or misleading marking, labeling, or container--Hearing on determination. If the secretary of the Animal Industry Board has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this chapter is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the secretary, such person may request a hearing, but the use of the marking, labeling, or containers shall, if the secretary so directs, be withheld pending hearing and final determination by the secretary. Any such determination by the secretary shall be conclusive unless, within the time prescribed by § 1-26-31, the person adversely affected thereby appeals to the circuit court of South Dakota.

Source: SL 1968, ch 158, § 5 (d).

State Codes and Statutes

Statutes > South-dakota > Title-39 > Chapter-05 > Statute-39-5-30

39-5-30. Determination and modification by secretary of false or misleading marking, labeling, or container--Hearing on determination. If the secretary of the Animal Industry Board has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this chapter is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the secretary, such person may request a hearing, but the use of the marking, labeling, or containers shall, if the secretary so directs, be withheld pending hearing and final determination by the secretary. Any such determination by the secretary shall be conclusive unless, within the time prescribed by § 1-26-31, the person adversely affected thereby appeals to the circuit court of South Dakota.

Source: SL 1968, ch 158, § 5 (d).

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > South-dakota > Title-39 > Chapter-05 > Statute-39-5-30

39-5-30. Determination and modification by secretary of false or misleading marking, labeling, or container--Hearing on determination. If the secretary of the Animal Industry Board has reason to believe that any marking or labeling or the size or form of any container in use or proposed for use with respect to any article subject to this chapter is false or misleading in any particular, he may direct that such use be withheld unless the marking, labeling, or container is modified in such manner as he may prescribe so that it will not be false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the secretary, such person may request a hearing, but the use of the marking, labeling, or containers shall, if the secretary so directs, be withheld pending hearing and final determination by the secretary. Any such determination by the secretary shall be conclusive unless, within the time prescribed by § 1-26-31, the person adversely affected thereby appeals to the circuit court of South Dakota.

Source: SL 1968, ch 158, § 5 (d).